July 15, 2004
CLA-2-RR:NC:TA:349 K87317CATEGORY:CLASSIFICATION
Mr. Russ Holmgren
American Shipping Co. Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632RE: Classification, marking and country of origin determination for eyeglass cleaning cloths; 19 CFR 102.21(c)(2); tariff shift
Dear Mr. Holmgren:
This is in reply to your letter dated June 12, 2004, received by this office on June 23, 2004, requesting a marking and country of origin determination for eyeglass cleaning cloths which will be imported into the United States. This request is made on behalf of Quality Accessories Inc.FACTS:
The subject merchandise consists of eyeglass cleaning cloths. The cloths were the subject of New York Ruling Letter (NY) K85241 dated June 4, 2004. A marked sample was not submitted. The cloths, referred to as style # M800S, are made from 70 percent polyester and 30 percent nylon knit fabric. All of the edges are pinked. The cloths measure approximately 8 x 16 centimeters. They will be imported with a plastic pouch and a plastic instruction card. The manufacturing operations for the cleaning cloths are as follows:JAPAN:
-polyester and nylon fabric is knit.
-fabric is shipped to China.CHINA:
-fabric is printed and cut to size (pinked). -plastic pouch is formed.
-cleaning cloth and instruction card are packaged in the plastic pouch. -finished product is packed and shipped.ISSUE:
What are the classification, marking and country of origin of the subject merchandise?CLASSIFICATION:
As noted in NY K85241, the applicable subheading for the cloth will be 6307.10.2030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made up articles, including dress patterns: floorcloths, dishcloths, dusters and similar cleaning cloths: other other. The duty rate will be 5.3 percent ad valorem.
Presently, the above subheading is not assigned a category designation and items therein are not subject to quota or visa requirements. Textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
COUNTRY OF ORIGIN - LAW AND ANALYSIS:
Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.
Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.
Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"
Paragraph (e) in pertinent part states that "The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section":
HTSUS Tariff shift and/or other requirements
6307.90 The country of origin of a good classifiable under subheading 6307.90 is the country, territory, or insular possession in which the fabric comprising the good was formed by a fabric making process.
As the fabric comprising the eyeglass cleaning cloths is formed in a single country, that is, Japan, as per the terms of the tariff shift requirement, country of origin is conferred in Japan.MARKING:
You have also requested a ruling on whether the proposed markings “Made in Japan,” “Made in Japan, Finished and Packed in China,” “Made in Japan, Cut and Printed in China” or “Made in Japan, Further Processed in China” are acceptable country of origin markings for the eyeglass cleaning cloths.
The marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
The origin rules indicate that the country of origin of the eyeglass cleaning cloths is Japan, the country where the fabric was formed by a fabric-making process. The proposed markings “Made in Japan,” “Made in Japan, Finished and Packed in China,” “Made in Japan, Cut and Printed in China” or “Made in Japan, Further Processed in China” are consistent with the origin rules for made up textile articles under Section 102.21, Customs Regulations. Marking the eyeglass cleaning cloths “Made in Japan,” “Made in Japan, Finished and Packed in China,” “Made in Japan, Cut and Printed in China” or “Made in Japan, Further Processed in China” will satisfy the marking requirements of 19 U.S.C. 1304 and would be acceptable country of origin markings for the eyeglass cleaning cloths.HOLDING:
The country of origin of the eyeglass cleaning cloths is Japan. Based upon international textile trade agreements products of Japan are not subject to quota or visa restrictions.
The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Hansen at 646-733-3043.
Sincerely,
Robert B. Swierupski
Director,